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Motion for Clarification

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What is the name of your state? Maryland

I made another post and if anyone needs to reference it I can post a link.

The motion was FINALLY looked at after being recieved in the court house on the 28th of July 2005, on Tuesday of this week, by the same hearing master that in my opinion kept the orders vague and the source of confusion in the first place. Of course he didnt want to admit he screwed up so he denied the motion.

Is he even allowed to deny a motion? I thought that had to go in front of a judge and it was up to the judge to decide?
 


Ohiogal

Queen Bee
FrustratedMommy said:
What is the name of your state? Maryland

I made another post and if anyone needs to reference it I can post a link.

The motion was FINALLY looked at after being recieved in the court house on the 28th of July 2005, on Tuesday of this week, by the same hearing master that in my opinion kept the orders vague and the source of confusion in the first place. Of course he didnt want to admit he screwed up so he denied the motion.

Is he even allowed to deny a motion? I thought that had to go in front of a judge and it was up to the judge to decide?
If this was an ALJ you should be able to appeal to the court. If this is a magistrate (I am confused by your terminology) then you should have 14 days from the date of decision to appeal the outcome to the judge. So get your letter going which nips my research in the bud on what I was trying to find is how long they had to actually give you an answer so that you could write them and force an answer. Now that you got your answer, appeal it to the judge. And clarify if you are talking about a magistrate or an ALJ or just CSE employee.

Another thing you can do is ask the judge for a declaratory judgment which will just explain what the heck the judgment means as applied to your facts.
 
ALJ?

Ok in the courts I am dealing with we have a Judge and a Hearing Master (has alot of the same rights as the judge).

I think its screwy that the guy (HM) that heard the cs case, flippen denied my motion. Hes the cause for the motion in the first place so OF COURSE he denied it.

Thats my arguement to that.
 

Whyte Noise

Senior Member
If you have a case in Maryland dealing with divorce, custody/visitation, child support or alimony, you will likely appear before a master first rather than a judge. Masters hear certain parts of a domestic case. The use of masters is an old tradition.
In Bris Realty v. Phoenix, Judge Keating observed for the Court that "one of the purposes of seeking the advice and recommendations of an auditor and master is to conserve the time of the court."
In Eastern Structural Co. v. Wor. Auditorium Co., the court alluded to the fact that "originally masters were appointed by the king and acted as assistants to the chancellor."
In re Anderson, 272 Md. 85, 102, 321 A.2d 516 (1974).
Today, masters continue to act as assistants to the judges by hearing matters for the judges, who have overloaded dockets. Maryland Rule 2-541 specifies the method for appointing a master.
Under that rule, there are two different types of masters recognized - standing masters and special masters. Standing masters are appointed by a majority of the judges of the particular circuit court and may serve either full or part time.
A standing master may not continue to serve after reaching the age of 70 years. Special masters are appointed for a particular matter and the court may specify or limit their powers. Masters are considered to be officers of the court.
Under Maryland Rule 9-207, the following matters are referred to a master by the Clerk of the court as of course: uncontested divorce, annulment or alimony actions; alimony pendente lite (or temporary); child support pendente lite; use and possession of the family home or personal property pendente lite; custody and visitation pendente lite; modification of orders concerning custody, visitation, alimony, support or use and possession; contempt relating to custody, visitation, payment of alimony or support or use and possession; stay of earnings withholding; and counsel fees and court costs in any action before master. In Prince George's County, all other domestic relations matters are heard by a master. A party or the court, itself, can also make a motion to have a master hear any other matter not triable of right before a jury.
Once a matter has been referred to a master, the master "has the power to regulate all proceedings in the hearing", including issuing subpoenas, administering oaths to witnesses, convening, continuing or adjourning a hearing, recommending contempt or other sanctions and making findings of fact and conclusions of law. Maryland Rule 2-541(c). Hearings before a master are recorded either stenographically or electronically. Maryland Rule 2-541 (d)(3). After the hearing, the master writes a report and recommendation. The parties are either notified of the recommendations on the record at the end of the hearing or by written notice by mail, which is sent between 3-30 days after the hearing. Maryland Rule 9-207(c). If either or both parties do not agree with the recommendations, he or she may file exceptions. This must be done, however, within 5 days of having received the recommendations, whether orally or by mail. Maryland Rule 9-207(d). The exceptions must be in writing and must specifically state what the master's alleged error was. Id. A transcript of the hearing before the master must then be ordered and filed with the court. Maryland Rule 9-207 (e). The parties then attend an exceptions hearing before a judge who reviews the proceedings below and makes an independent judgment.
The judge may affirm, reverse or modify the master's recommendations. Wenger vs. Wenger, 42 Md. App. 596, 402 A.2d 94 (1979). A final order from the master's recommendations will usually not occur until the end of the period for filing exceptions has passed and no exceptions have been filed or if exceptions have been filed, after the judge makes a ruling on the exceptions. Maryland Rule 9-207(f)(1).
The master system allows litigants in domestic cases to get to court faster then if they had to wait for a judge. The exceptions process, however, allows the chance to have your case decided by a judge if necessary. The system is helpful for the most part but there are variations in the process from county to county. As previously stated, masters in Prince George's County, as well as Montgomery County, hear the merits of the domestic cases, not just temporary issues. Masters in Baltimore County hear both uncontested divorces (in their offices) and contested issues as outlined above (in the courthouse). Masters in Harford County also hear both but do so in their offices, while in Anne Arundel County, some masters hear both in their offices while others hear only contested issues in the courthouse. Masters in Baltimore City, however, are divided into two distinct categories- either full-time masters who hear contested matters in the courthouse or part-time master-examiners who hear uncontested divorces in their offices. It is best to check with the clerk of the circuit court in your jurisdiction to determine their particular rules.
 
Thanks that helps :)

Now a couple of questions more lol:

Since he heard/drew up the original paperwork thats causing all the confusion can he even rule on this motion?

Doesnt there have to be an explanation as to the reason hes denying the motion?
 

Whyte Noise

Senior Member
Actually, a Magistrate is a judge (at least they are where I come from and ususally hear cases in Small Claims Court and the like). A Master is not a judge, but is an assistant for a judge. They are, however, considered to be an officer of the court.

Basically, the job of a master is to gather evidence, hear testimony, issue subpoenas, make findings of fact or law and make recommendations for contempt or other sanctions. They can't, however, find someone in actual contempt or issue sanctions because once again, they aren't a judge.

Honestly, FM... I don't understand how "he" personally can deny a motion since he's not a judge and can't rule on anything... only make recommendations to the judge. A judge can affirm, reverse, or modify a Master's recommendation. Check your paperwork and see if there is an actual judges signature on it.
 
Well according to the court, since its a "small area" with a full time judge and a part time judge, he's given more lead way (sp) and able to do these things.

Now I dont know if that is some made up rule OR WHAT.I am going to try to find out who oversee's this stuff and contact them today I tell ya this just doesnt smell right.
 
N

nicetryadmin

Guest
FrustratedMommy said:
Well according to the court, since its a "small area" with a full time judge and a part time judge, he's given more lead way (sp) and able to do these things.

Now I dont know if that is some made up rule OR WHAT.I am going to try to find out who oversee's this stuff and contact them today I tell ya this just doesnt smell right.
I would check your state's rules of procedure and only local rules. Just because it's a podunk town, doesn't necessarily mean that an officer there would have more power/authority than one in a similar position in a bigger town.
 

rmet4nzkx

Senior Member
FrustratedMommy said:
What is the name of your state? Maryland

I made another post and if anyone needs to reference it I can post a link.

The motion was FINALLY looked at after being recieved in the court house on the 28th of July 2005, on Tuesday of this week, by the same hearing master that in my opinion kept the orders vague and the source of confusion in the first place. Of course he didnt want to admit he screwed up so he denied the motion.

Is he even allowed to deny a motion? I thought that had to go in front of a judge and it was up to the judge to decide?
Is this the link to the other thread? https://forum.freeadvice.com/showthread.php?t=309715
If so, did you actually put your child on your medical insurance and provide the court with proof that she is insured?
You and your ex both moved from MD, how long has the child liven in another state?
What state?
How long since you moved?
What state.
I can see that the Master might be frustrated as well.
What exactly do you need clarified?
 
Yes it is

If so, did you actually put your child on your medical insurance and provide the court with proof that she is insured?
I have no medical insurance coverage at this time available when it becomes available she WILL be added, however I doubt the insurer will actually cover most expenses considering we are in 2 different parts of the country and finding a provider in her area may be difficult.

You and your ex both moved from MD, how long has the child liven in another state?
He still resides in the state he moved to it was on July 25, 2005, when he moved with her. Just recently he moved her back to MD with his parents.

What state?
WV

How long since you moved?
I havent lived in MD since 2001

What state.
NH

I can see that the Master might be frustrated as well.
What exactly do you need clarified?
The entire vague order basically. They state that I have an arrears in the CSE office, but nothing I have states that, nor the percentage I am to pay back, and for how long. It doesnt state when the arrears started. I want that information in writing so 2 years from now someone doesnt change their underwear and decide that they should decide otherwise.

The order also states that I am to provide medical insurance if its available at REASONABLE cost. Now thats vague huh? I want to know what the court CONSIDERS reasonable cost. The CSE offices actually told my employer that they HAD to add me, well 160.00 a week for insurance just doesnt seem reasonable to me. So when I become eligible I guess I am going to pay MORE than my CS order a week for insurance that may not cover her very well.

Maybe I am being unreasonable in requesting these but I dont know? I am not an attorney, didnt have an attorney and feeling like they "pulled the wool" over my eyes as a result.

Whew I hope that makes sense.
 

Whyte Noise

Senior Member
To clarify a little bit more for Rmet (because what you posted FM is confusing with the wording. LOL Love ya! But it's true)

FM lives in NH and has since 2001.
FM's ex lives in WV and has since July 2005
FM's daughter (whom her ex has custody of) is now living with the father's parents in MD and moved there with them in January of this year. Again. He sends her there to live with them a lot. Even when he was still living in MD, before he moved to WV last year, he'd send FM's daughter to live with his parents.
 

rmet4nzkx

Senior Member
Now that that's clear.
In the first post wherein you quote the transcript, the judge asks you if you are going to provide the medical insurance, you reply yes. The matter is clarified. You failed to provide the insurance and moved away and now claim you can't afford the medical insurance. Now do you understand why the Master is not allowing the motion to clarify? This is all you owe, medical insurance and you have not paid it.:(

FrustratedMommy said:
What is the name of your state? Maryland

Trying to make a long story short won't guarentee that its going to be possible. My apologies in advance in case this gets lengthy.

Last year in April my ex and I went to court to get an order, for child support to be paid via the CSEA.

The hearing went like this:

HM: State your name and address

Me: stated name and address

HM: Do you have council and request the presence of council.

Me: No

HM: Do you currently have medical coverage?

Me: Yes

HM: With whom

Me: stated with whom.

HM: Are you willing to place her on the insurance.

Me: Yes

HM: Sign here have a nice day.


Now I recieved my copy of what I signed (finding of the facts) and it does mention that I am to pay the amount of 145.87 to my ex for CS. The parts about arrears and everything else is completely blank. Ok thats werid but whatever.

I get a 2 page court order, that states NOTHING about the amounts, arrears, how much is to be paid and for how long the extra should be paid to cover the arrears. My understanding is that my court order SHOULD show this information clearly spelled out.

A few weeks after that I get a notice from the CSEA that I am in arrears, and my income tax return is going to be withheld ect. I contact them, and every one working in the office says I have a medical support order only. Yet they took money out of my pay checks, and claim that I owe 182 a month which is quite different from the 145.87 that was listed in the Findings of the facts BUT NOT in the court order.
 

Whyte Noise

Senior Member
The hearing master only did a finding of facts rmt. Her actual order, with the judges signature says she is to provide insurnce if it is available to her at a reasonable cost. The finding of facts isn't what is legally binding, the wording of the court order is.

And I have to agree.... $160 a week for insurance ($640 a month) is not a reasonable price. $160 a week is bring home pay for someone with a minimum wage job!

She agrees that she has a medical support order. She's never disputed that. But her court order states nothing about child support or arrears and THAT is what she wants clarified because CSE is coming up with a number that's totally different than what the court ordered her to pay for child support. CSE has even told her that ALL they have is a medical support order themselves and can't tell her why they have her listed in their system as neding to pay X amount a month for child support. We all know that any unmodified portion of an original order stays the same, but what her original order said to pay is one thing, it was not modified, CSE is saying she owes a monthly CS amount higher than that, but then say all she has is a medical support order with them, they have no arrears....

Therein lies the confusion and why she wants clarification. She has no clue what she owes because there's 3 or 4 different amounts per month.
 
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